Crime & Traffic

Collect information about your arrests, charges, and court results. Depending on your situation, you may need to get your:

• Criminal history from the Illinois State Police,
• Criminal court A court where a person is accused of a crime in front of a judge. The other side of the case is the State of Illinois, represented by a State's Attorney. The person accused is called the defendant. Criminal courts are different from civil courts, where two people or businesses can bring problems in front of a judge. records ("dispositions" or "case transcript") from the circuit clerk The office that takes care of files and documents for circuit court cases , and
• Record of Arrests and Prosecutions ("RAP sheet") from the Chicago Police Department if you were arrested or charged in Chicago.

Learn where and how to get copies of your criminal records.

Look over your criminal records and decide which ones qualify for expungement and which ones qualify for sealing. You can use this worksheet to gather all of the information about your criminal records and identify which items qualify for expungement and which qualify for sealing.

Learn how to read your criminal records. Refer to the common questions about expungement and sealing to understand which offenses can be expunged or sealed.

Use our Expungement and sealing program to fill out the forms you will need to file. You can also print the expungement and sealing forms published by the Illinois Supreme Court.

You will file your forms with the circuit clerk in the county where you were arrested or charged with the offense. Before you file, call the circuit clerk and ask or check their website to determine:

• How much it will cost to file your forms,
• The types of payment (cash, check, credit, online) they take,
• Whether you have to go in person to ask for a Fee Waiver, and
• The number of copies required.

Let the clerk know if you think you’ll be filing by mail, as the rules for filing by mail are different in each county.

If you cannot afford the filing fee Fee charged for filing court documents , fill out and file a Fee Waiver. In Cook County, you will only be charged one fee for any petitions you file on the same date, even if you file more than one petition (noun) A written request to a court (verb) To request from a court in multiple districts.

File your forms with the circuit clerk in the county where you were arrested or charged with the offense. If you have arrests, charges, or convictions that happened in more than one county, you must file separate requests for expungement When a criminal record is destroyed or sealing When a criminal record is hidden from most of the general public, but not law enforcement in each county. In some counties, you may have to attach copies of your court dispositions or RAP sheet.

Make sure to keep one copy of the form that is stamped by the circuit clerk for your own records. This stamp is your proof that the form was filed with the court.

You have three ways to file:

• In-person
  • Go to the courthouse in the county where your case is. Bring your original form and the required number of copies. The clerk will keep the original and return your stamped copies. You must pay a filing fee Fee charged for filing court documents or request a Fee Waiver.
  • In Cook County, you can file your paperwork either at the new Expungement Department, located at the Leighton Criminal Court A court where a person is accused of a crime in front of a judge. The other side of the case is the State of Illinois, represented by a State's Attorney. The person accused is called the defendant. Criminal courts are different from civil courts, where two people or businesses can bring problems in front of a judge. Building on 26th Street and California Avenue, or at any other district court location within Cook County.
• By mail
  • Rules for filing by mail are different in each county. Contact the circuit clerk for specific instructions. For example, you might need to send the circuit clerk:
    • Extra copies of your Expungement and Sealing Request,
    • A self-addressed and stamped envelope for the circuit clerk to send a file-stamped copy to you,
    • Your Fee Waiver, if you are filing one. Some counties, including Cook County, may require you to go in person to have your fees waived.
• Electronically online (“E-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. ”)
  • Check your local circuit clerk’s website to see if e-filing is an option for you. Otherwise, you must file in person or by mail. Even if you can file online, you may have to appear in person to apply for a Fee Waiver.
  • Learn how to e-file in Illinois.

After you file, the circuit court The lowest level of court in Illinois clerk will send a copy of your Expungement and Sealing Request to:

• Illinois State’s Attorney
• Illinois State Police
• The arresting authority The law enforcement agency that arrested someone, like the police or FBI listed on the Notice of Filing for Expungement and/or Sealing form
• The Chief Legal Officer of the county or city where you were arrested

They each have 60 days from the date of service of your Expungement and Sealing Request to file a written objection A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. with the court.

If they object, it means they do not want your record to be expunged or sealed. If there is an objection and a hearing When the parties in a case present their sides of a case to a judge or other officer is scheduled, you must attend the court date or your case could be dismissed Cases dismissed with no further action anticipated. . An objection does not mean the court is denying your request, but the court will consider the objection when deciding if your criminal record will be expunged or sealed.

Note: In Cook County, the State’s Attorney’s Office for District 1 (Chicago) also posts their objections through an online portal. The portal only lists case numbers, not names. You will need to know the first case number A number assigned to a case that is on every paper filed in the case listed on your request to expunge To physically remove someone's name from a legal record. or seal to search for it in the portal.

For more information on objections, including how to respond to them, refer to the expungement and sealing court process common questions. 

Some counties schedule a court date automatically, while others only do so if an agency objects to your request. In some Cook County districts, a court date is scheduled when you file, and you should attend even if there are no objections.

If a court date is scheduled, prepare by:

• Listing potential hardships if your request is denied (e.g., job or housing loss).
• Reviewing any objections and preparing responses.
• Gathering mitigation evidence Anything used to show that something is true if it applies to your situation (explained below).
• Submitting mitigation evidence if required.

For more details on preparing for court, refer to the expungement and sealing court process common questions. 

Mitigation evidence

Mitigation evidence is proof that shows positive changes in your life and helps explain why your record should be expunged or sealed, and why your interest in expunging or sealing your record outweighs any public interest in keeping the record public, especially if there is an objection A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. . Examples include:

• Proof of rehabilitation, like completing a treatment or counseling program.
• Letters of support from employers, mentors, or community members.
• Education and job history, like diplomas, training, or work experience.
• Community service or volunteer work that shows your commitment to improving yourself and helping others.
• A personal statement explaining the circumstances of your arrest record and how those circumstances have changed.
• Telling the court if you are a parent or guardian of children under the age of 18.

Procedures for submitting mitigation evidence vary by county. Contact the circuit clerk The office that takes care of files and documents for circuit court cases to find out how to submit your documents. The court may also allow family, friends, or others to testify To answer questions under oath on your behalf.

Submitting mitigation evidence in Cook County

In Cook County, if you do not have a lawyer Someone who represents clients in courts or who gives legal advice or do not want help from legal aid organizations acting as a "friend of the court," you must email scanned copies of your documents at least one week before your court date to:

• The court: [email protected],
• The clerk: [email protected], and
• The state’s attorney: [email protected].

Plan to be on time. If your court date is in person, plan to get to the courthouse 30–45 minutes before your hearing When the parties in a case present their sides of a case to a judge or other officer . If your court date will happen remotely (for example, through Zoom), test the technology you will be using ahead of time to avoid any delays.

If you have an in-person hearing in Cook County, it will take place at the district court that handled the original criminal case. Cook County has 6 districts. The address to your district is on the Circuit Court of Cook County website.

During the hearing:

• Tell the judge your side of the case and answer A written statement used to respond to the complaint or petition in a lawsuit any questions. Be prepared to tell the judge about specific negative results you may suffer if your request is denied.
• You will have a chance to respond to any objections to your request. The agencies that you listed on your Notice of Filing for Expungement When a criminal record is destroyed and Sealing When a criminal record is hidden from most of the general public, but not law enforcement form may be at your court date and could ask you questions about your case.

If you do not receive a copy of the Order in court, the circuit clerk The office that takes care of files and documents for circuit court cases will mail or email you a copy of it. The Order will say whether your request was approved or denied.

If your request is approved

A copy of the Order will be sent by the circuit clerk to the police departments and prosecutors that you listed on the Notice of Filing for Expungement When a criminal record is destroyed and Sealing When a criminal record is hidden from most of the general public, but not law enforcement . These agencies have 60 days from the time they receive a copy of the Order to expunge To physically remove someone's name from a legal record. or seal your records.

Warning: It is very important that you keep a copy of the Order that you receive from the circuit clerk in a safe place. Once your arrests or cases are expunged or sealed, the court no longer has a court record for you, and it may be very difficult to get another copy of the Order.

If your request is denied

There are two things you can do if your Expungement and Sealing Request is denied:

• Ask for reconsideration
  • File a Motion for Reconsideration with the circuit clerk within 30 days from the day you received a copy of the Order denying your request.
  • You must send a copy of your Motion and Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. forms to the State's Attorney A lawyer who represents the state in a criminal case , Arresting Agencies, Chief Legal Officer of the Unit of Local Government, and Illinois State Police.
  • Learn more about filing a motion.
• Appeal A request to change a court's decision
  • You also have the option to ask that the appellate court review the decision made by the circuit court The lowest level of court in Illinois . To do so:
    • File a Notice of Appeal to the circuit clerk within 30 days from the date the Order denying your request was entered; or
    • If you filed a Motion for Reconsideration and the court still rules against you, file a Notice of Appeal to the circuit clerk within 30 days from the date the Order denying your Motion for Reconsideration was entered. Learn more about appealing a court case.